Subject-matter jurisdiction (görev)

Legal meaning

In determining subject-matter jurisdiction, the relief requested, the material facts on which the action is based, and the special jurisdiction provisions in the law are examined together. In actions concerning property rights and personal status, the civil court of first instance (asliye hukuk mahkemesi) has jurisdiction unless otherwise provided, although specialized courts may be given jurisdiction in areas such as family, labor, consumer, commercial and intellectual property rights.

A decision declining subject-matter jurisdiction does not resolve the merits of the dispute. The procedures and time limits provided by law must be followed for the decision to become final and for the file to be sent to the court with subject-matter jurisdiction. Failure to request referral within the time limit may result in the action being deemed not to have been filed.

In a request for referral under Article 20 of the Code of Civil Procedure (HMK), the two-week period runs from notification if the decision is final when rendered; from the date it becomes final if it became final without recourse to a legal remedy; and from notification of the rejection decision if the application for a legal remedy was rejected. The application is made to the court that issued the decision declining subject-matter or territorial jurisdiction. This period does not begin on the day the decision is rendered in every case.

Core elements and practical criteria

• It relates to public policy.
• It cannot be changed by contract.
• It is examined by the court on its own motion.
• In determining subject-matter jurisdiction, the legal nature of the action and special statutory provisions are the basis.

Practical importance

Filing an action in the wrong court may prolong the proceedings and cause additional expense. The referral procedure after a decision declining jurisdiction, and its time limits, must also be tracked separately.

Commonly confused concepts

• Subject-matter jurisdiction determines the type of court; territorial jurisdiction (yetki) determines which court, in which place, hears the action geographically.
• Judicial-branch jurisdiction (yargı yolu) concerns whether the dispute is heard in the judicial, administrative or another branch of the court system.

Application example

In an action brought because of a consumer transaction, whether the dispute falls within the subject-matter jurisdiction of the consumer court is determined not by the name of the contract but by the status of the parties and the purpose of the transaction.

Frequently asked questions

Can the parties choose the court with subject-matter jurisdiction by contract?

No. Because subject-matter jurisdiction relates to public policy, it cannot be changed by the will of the parties.

Does a decision declining subject-matter jurisdiction end the case entirely?

It does not end the merits of the dispute; however, the procedural steps provided by law must be completed within the time limit for the file to be sent to the court with subject-matter jurisdiction.